Howdy!

I am visiting a real estate attorney tomorrow about this matter, but I would certainly be interested in hearing the opinions of everyone here at LLT!

I have been living in a house with three other guys for the last 6 months. Before moving in, every time I brought up a lease with the landlord, he just kind of blew it off. He sent me a copy, but it was never filled out at all or signed by either of us. We never had any conversations or emails that would constitute a verbal agreement. So, recently I decided that I need to find a place closer to work, so I let him know that I was thinking about moving.

I would consider the landlord a friend, so when I let him know I was moving, I was clear that I would help find a replacement, show the house and all that jazz. However, they would have to sign a new lease (no sublease) with the new tenant because we didn’t have a lease to begin with. As far as I see it, I was not obligated to do so, but offered just because I liked the guy.

He responds via email yelling about how “YOU SIGNED A LEASE!!!11!!!1!”, “this doesn’t need to get ugly, but it WILL if you leave”…etc.

I asked him to provide me a copy of his “lease” I signed….

His next email says he “lost” it and that all my emails constitute a verbal agreement. More bull…

The latest thing is that while I was at work the other day, the landlord came into the house and went into my room going through my filing cabinet in MY room trying to find something to use against me. No joke….I guess he didn’t know my roommate (who also doesn’t have a lease…) was home and scared the hell out of him, asking what he was doing in my room…

He has violated my trust to the point where I have no intentions in helping him find a new tenant. I would love to move my stuff out tomorrow, pay this last month of bills, and say goodbye. The way I see it, I would be in the legal position to do so. Do y'all concur?

I would appreciate any comments or insight!

It is my understanding that unless you have asked him to come in and fix something, or an emergency arises, that he must give you 24 hours notice of intent of entering the premises. You can go over this with the attorney. Heck, if something is missing, you could charge him with theft, just because he is the landlord, does not give him permission to touch your personal belongings, expecially to sift through them. I think the landlord is screwed as far as the lost lease goes. You must though, give 30 days notice even without a lease, just the same as he would have had to give you a 30 day notice if he wanted you to leave. Good luck, and let us know how it goes with the attorney! I would wonder since you now feel that your privacy, and belongings are at risk, if the lawyer could get you out of the 30 day notice.

There are no statutes regarding landlord entry in Texas. But, he may have overstepped his grounds if you have proof that he was going through your personal stuff.

Yup, I just read on another site, that in Texas, they can enter whenever they want to do things such as a smoke alarm test, or pet check. I do believe, as the last poster said, since the landlord was caught in the actions of going through your stuff in your room, you may have a very valid reason to get an attorney to get you out of the 30 day notice as you wished for. Maybe you could go to a free legal aid clinic in your area, or just try to find a lawyer that could help you at a sliding scale fee?

Thanks everyone!

I went to the lawyer and he concurred that I was not bound legally at all to the house. He suggested that I pay rent through October 31st just to keep things clean on my side (if it did ever go to court). However, he did say that because my privacy was violated, that I could argue exemption from the 30 day rule. He said it is up to me, but he recommended paying through the next month.

I am really considering terminating the lease immediately though. He has not acknowledged my goodwill at all; and I am always met with bluffs, threats and lies. Anyways, decision time again... let me know what you guys would do...

JR23

I would pay through October and leave.

Why invite a fight that you only have a 50% chance of winning?

I agree, your lawyer would have inside knowledge, but can't speak of it, about wins and losses in that argument, so why chance it. If the lawyer recommended that you wait, then wait.

I recommend that you give a 30 day notice. Chances are that the roommate that winessed the act will not support you in court. If he does, then the LL will jack up the rent as punishment for betraying him in court. (I am assuming nobody has a lease here).